Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 12, 2022
CASE NO(S).: OLT-22-003397 (Formerly) DC150001, OLT-22-003390 (Formerly) DC160001
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: Dunster Investments Inc.
Appellant: J. Stollar Construction Limited
Appellant: Mason Homes Limited
Appellant: The Orsi Land Group
Appellant: Woodland Hills Community Inc.
Subject: Development Charges By-law No. 2014-238
Municipality: City of Kawartha Lakes
OLT Case No.: OLT-22-003397
Legacy Case No.: DC150001
OLT Lead Case No.: OLT-22-003397
Legacy Lead Case No.: DC150001
OLT Case Name: Dunster Investments Inc. v. Kawartha Lakes (City)
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: J. Stollar Construction Limited
Subject: Development Charges By-law No. 2014-264
Municipality: City of Kawartha Lakes
OLT Case No.: OLT-22-003398
Legacy Case No.: DC150002
OLT Lead Case No.: OLT-22-003397
Legacy Lead Case No.: DC150001
PROCEEDING COMMENCED UNDER subsection 14 of the Development Charges Act, 1997, S.O. 1997, c. 27, as amended
Appellant: Mason Homes Limited
Appellant: The Orsi Land Group
Appellant: J. Stollar Construction Limited
Subject: Development Charges By-law No. 2015-224
Municipality: City of Kawartha Lakes
OLT Case No.: OLT-22-003390
Legacy Case No.: DC160001
OLT Lead Case No.: OLT-22-003390
Legacy Lead Case No.: DC160001
OLT Case Name: J. Stollar Construction Limited v. Kawartha Lakes (City)
Heard: August 4, 2022, by video hearing (“VH”)
APPEARANCES:
Parties
Counsel
City of Kawartha Lakes (“City”)
S. D’Agostino
J. Stollar Construction Limited
D. Baker
(“Stollar”)
The Orsi Land Group (“Orsi”)
No one appeared
Mason Homes Limited/ Craft Group of
No one appeared
Companies (“Manson”)
Dunster Investments Inc.
No one appeared
(“Dunster”)
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON AUGUST 4, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a Case Management Conference (“CMC”) with regard to appeals against the City’s two Development Charges By-laws in 2014, and another Development Charges By-law in 2015.
2For the reasons set out below, the Tribunal set down a further CMC for Wednesday, October 12, 2022, and a 19 day hearing on the merits commencing on Monday, July 24, 2023.
BACKGROUND AND CONTEXT
3On October 18, 2019, the Tribunal had held a CMC and was advised that the City and Stollar were seeking private mediation and the Tribunal set a further CMC for March 27, 2020 for an update on progress arising out of the private mediation. (The Tribunal notes that neither Mason nor Dunster appeared at that CMC).
4Unfortunately thereafter, there were several intervening factors of which Covid-19 pandemic was just one.
5With no reported progress, the Tribunal set down this CMC to get a status update.
6In the lead up to the CMC, the Tribunal received a draft Procedural Order (“PO”) marked at Exhibit 1, and a later communication from the counsel for Orsi, withdrawing his clients appeals, now marked as Exhibit 2.
7Counsel for Mason and Dunster neither attended nor provided any explanation for their absence.
8At the CMC the Tribunal was advised that progress had been made between the City and Stollar in the private mediation, but it had not progressed beyond that point.
9However with this notice of this CMC, counsel for the City and Stollar had had off-line discussions and had agreed upon a phased hearing approach, a timetable for the preparation of a PO and Issues List to be presented at a CMC to be held in October 2022, and to request a four week hearing be set for the summer of 2023.
10The Tribunal raised with the parties the possible use of Tribunal-led mediation to help scope some of the issues for the PO.
11Counsel advised that they had considered this and in the event that their off-line discussions got “stuck”, they agree it might be the way forward.
12The Tribunal inquired and was advised by counsel that no communication had been received from counsel for Mason or Dunster in the lead up to the CMC.
CMC
13Based on the submissions of counsel, the Tribunal set a further CMC for Wednesday, October 19, 2022, commencing at 10 a.m. by VH with the following link:
GoTo Meeting: https://global.gotomeeting.com/join/660145013
Audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373
Access Code: 660-145-013
14Parties and participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections.
15Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
16Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.
17Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the VH to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
18There will be no further notice.
19I am not seized of this CMC.
HEARING ON THE MERITS
20Additionally, the Tribunal set down a 19 day hearing for Monday, July 24, 2023, commencing at 10 a.m. by VH with the following link:
GoTo Meeting: https://global.gotomeeting.com/join/442599157
Audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391
Access Code: 442-599-157
21The attendance instructions of paragraphs [14] through [17] above also apply here.
22There will be no further notice.
23I am not seized of this hearing on the merits.
DIRECTIONS
24The Tribunal also gave the following directions.
25The Tribunal tasked counsel for the City to coordinate the preparation and submission of a revised draft PO using the latest Tribunal template.
26The Tribunal directed counsel for the City to communicate with counsel for Mason and Dunster advising that the Tribunal had expected their attendance at the CMC or at least a communication, but neither had occurred. Thus the Tribunal wishes confirmation of their participation in this hearing event, and counsel are to respond to counsel for the City on or before October 5, 2022, and if they are participating they shall provide their issues for the PO at that time.
27Counsel for Stollar will also provide its issues for the PO on or before October 5, 2022.
28Counsel for the City will coordinate the finalization of the draft PO and with consent of the parties provide same to the Case Coordinator on or before October 12, 2022.
29In the event that the parties are of the view that Tribunal-led mediation would be of assistance in the scoping of issues or to resolve issues, I may be spoken to.
30This is the Order of the Tribunal.
“Blair S. Taylor”
BLAIR S. TAYLOR
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.